Research On Indirect Liability Of Copyright Infringement Of Internet Service Provider

With the rapid development of Internet technology and the business model of Internet+,the public has transformed from passive recipients of Internet information to active publishers,and information service providers have transformed from traditional single media such as newspapers and publishers to multi-functional media.Network service provider.Online copyright infringements are increasing day by day,and the traditional copyright infringement liability system has been difficult to regulate online infringements.The original Tort Liability Law was too abstract in terms of the amount of infringement of network service providers.The Civil Code this time has been improved and supplemented on the basis of the original Tort Liability Law.However,due to the rules of use and the order of application of legal provisions There is ambiguity and lack of operability in practice.This article sorts out the source and development process of the indirect infringement system in the field of copyright,summarizes the characteristics of the indirect infringement liability system,and analyzes and compares related theories in foreign academic circles to develop a concept of the indirect infringement liability of network service providers To clarify the above,divide the types of indirect infringements through foreign academic circles and the regulations on indirect infringements,and summarize the rules for determining indirect infringement liability and exemptions from this.Secondly,through the review of my country’s indirect infringement system legislation and judicial cases,it summarizes the relevant legislation and the remaining problems in the judicial field,and introduces the indirect copyright infringement liability system of Internet service providers outside the territory,focusing on the United States as a representative.The relevant legislation of the Common Law System and the Civil Law System represented by Germany analyzes the type regulation,imputation principle,exemption clauses and enlightenment to our country of network service providers outside the territory.Finally,combined with the enlightenment of foreign legislation to our country and the actual status of our country’s legislation,we put forward suggestions on the improvement of the indirect copyright infringement liability system of my country’s Internet service providers.The legislative improvement and clarification of the indirect infringement liability of network service providers will not only help balance the distribution of rights and responsibilities of participants in various network activities,but also more effectively protect the legitimate rights and interests of copyright owners’ network users,promote the healthy development of the network,and provide guidance The social value of fair competition in social industries.